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Stage 1: Arrest
A felony prosecution commences with an arrest, followed by a complaint being filed in the Justice Court. In some rare cases, the prosecution may instead seek an indictment from the Grand Jury.
Indictments
If an Indictment has been filed against a defendant, the matter will not proceed through the earlier justice court stages. Instead the case will start in the District Court, with an Initial Arraignment.
A Grand Jury is a group of people who meet in a closed hearing, and are presented with evidence from the Prosecutor regarding incidents which are alleged to be criminal in nature. Defense Counsel cannot be present, and cannot question any of the witnesses. However, Defense Counsel can provide the Prosecutor with evidence that might ‘explain away the charges’ and the Prosecutor has a duty to present that evidence to the Grand Jury. After hearing all the evidence, the Grand Jury then makes a determination whether criminal charges should be brought against a defendant. The burden of proof that must be shown by the Prosecution is the same as that in a preliminary hearing.
Cases can begin in justice court with a criminal complaint and be taken to the Grand Jury instead of proceeding through a preliminary hearing.
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